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2015 Supreme(Bom) 2102

R.M.BORDE, F.M.REIS
Sgn. Ldn. A. P. Fernandes – Appellant
Versus
Annette Blunt Finch – Respondent


Advocates:
Advocate Appeared:
For the Appellants :A.F. Diniz, Advocate
For the Respondents:Nigel Da Costa Frias, Advocate

JUDGMENT :

1. The above Appeal was taken up by the Division Bench in view of the directions of the Hon'ble Chief Justice dated 02.10.2014 in terms of Rule 8 of Chapter I of the Bombay High Court Appellate Side Rules, 1960.

2. We have heard Mr. A.F. Diniz, learned counsel appearing for the Appellant, Mr. Nigel Da Costa Frias, learned counsel appearing for the Respondents and we have heard Shri M.B.D. Costa, learned Senior Counsel, who sought leave to address the Court.

3. Shri A.F. Diniz, learned Counsel appearing for the Appellant, has pointed out that the Appellant had initiated Inventory Proceedings in the year 2000 to partition the asset of his father namely Alex Francis Xavier Fernandes. Learned Counsel further pointed out that the list of assets was filed by the Cabeca de Casal on 02.01.2001 and objections to such list were filed on 18.01.2002 by the interest parties. Thereafter, the mother of the Appellant expired on 17.06.2004 and the Inventory Proceedings continued also to partition the estate of the said deceased mother and, consequently, an additional list of assets was filed by the Cabeca de Casal on 10.07.2007. Additional objections to the list of assets was filed by the i















































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